Simms v. D'Avillier

YARRUT, Judge.

This is an appeal from a judgment in favor of Defendant in an assault and battery action.

Defendant admits striking Plaintiff on the head with three 16-inch-long pieces of pine wood wrapped in a newspaper, causing Plaintiff to suffer a cerebral concussion, but denies liability because Plaintiff was the aggressor and he acted in self-defense.

On the day of the assault, Plaintiff, while employed as a rigger at Avondale Shipyards, Jefferson Parish, was discharged on the recommendation of Defendant, his foreman. Plaintiff left his work gang after his discharge and an hour later…